INDIANA SUPREME COURT DENIES REHEARING – RIGHTS OF INDIANA RESIDENTS
TO SUE ASBESTOS PRODUCT MANUFACTURERS OFFICIALLY RESTORED
As previously blogged, on March 2, 2016, the Indiana Supreme Court restored
the rights of Indiana residents to pursue lawsuits against manufacturers
of asbestos products. However, on April 1, 2016, the Defendants in those
cases asked the Supreme Court to reconsider its decision. The Defendants
were joined by the Attorney General of the State of Indiana, which regrettably
chose to appear for the first time and side with the economic interests
of out-of-state corporations over the rights of Indiana citizens. The
AG also requested that if the Court upheld its March 2nd opinion that the present statute is unconstitutional and the Court should
delay enforcement of its opinion for one year to allow the Indiana Legislature
to consider enacting law to clarify the intent of the statute.
George & Farinas, representing Mary Geyman and Larry and Loa Myers,
argued the Court should deny the Defendants’ and AG’s requests
for rehearing. On April 28th, the Supreme Court determined there was no basis to reconsider its March 2nd opinion or delay its enforcement. With the April 28th Order, the Supreme Court’s March 2nd pronouncement became official. Indiana’s statute of repose can no
longer bar claims against manufacturers of asbestos products and other
inherently dangerous products.
For decades, George & Farinas attorneys fought for the rights of Indiana
citizens against corporations that exposed them to deadly asbestos and
other dangerous products. Now, these corporations will no longer be immunized
from their conduct in this State. G&F is honored to represent the
Myers and Geyman families, as well as countless other Indiana workers
and families and believe that just treatment of our Indiana citizens has
been restored with respect to this issue.